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Business getting heads-up on anti-spam law

By: Mia Rabson

Posted: 10/11/2012 1:00 AM | Comments: 0

OTTAWA -- A new law that makes it illegal for businesses to send emails to Canadians without prior consent is to come into force next year, but few think Canada's corporate world is ready for it.

The Electronic Commerce Protection Act received royal assent in 2010 but hasn't been implemented. Wednesday, the Canadian Radio-Television and Telecommunications Commission issued two bulletins about the bill, along with a warning it expects the bill to finally take effect in 2013.

The bill and accompanying regulations are "a beast," according to Winnipeg lawyer Brian Bowman. The main element bans businesses from sending any form of electronic communication, including emails, text messages and Facebook messages, without the prior consent of the recipient.

Direct-marketing campaigns will be hit hardest, but even an organization that sends a newsletter will have to ensure all recipients have previously agreed to receive the information.

"Very few organizations are prepared," Bowman said. "There are some that are aware of it, but the vast majority of businesses are not, and if they are aware, they aren't sure where to start."

Bowman said his advice to clients is to prepare now by setting up client lists and combing through databases used for email communications to prepare them to comply with the new law.

In addition to barring unsolicited emails, the new law bans the use of false or misleading representations online during the promotion of products or services, prohibits the collection of personal information by accessing a computer system and prevents the harvesting of email addresses using computer programs.

Fines for breaking the law can be as high as $10 million.

Sue Barkman, director of policy and communications at the Manitoba Chambers of Commerce, said the new law will be a big change in how everyone does business, including the chamber.

"It's a huge deal," she said.

She said she hopes the CRTC and the government do a lot more in the coming months to promote the change and provide more information on what the technicalities of the law mean. There is a website, www.fightspam.gc.ca , but Barkman said few people know to go to it.

There is no specific date yet for when the law will take effect. The legislation is eight years in the making.

It began in 2004 when the former Liberal government under Paul Martin set up a task force to study the spam issue. The task force reported in 2005, recommending legislation to curtail the practice.

The first bill was introduced in 2009. It made it to the Senate before dying when Parliament was prorogued. It was reintroduced in 2010 and passed that December.

Under the bill, even an email seeking consent to send further emails would be considered illegal and subject to penalties. That section was one of the areas witnesses complained about during committee hearings in 2009.

Others were concerned the bill will limit their ability to reach new potential clients.

They noted they could still do so by sending a letter by regular mail, but that email was less intrusive and more environmentally friendly.

They asked that the bill be amended to allow one-to-one direct communication but still bar mass emails without consent.

mia.rabson@freepress.mb.ca

Republished from the Winnipeg Free Press print edition October 11, 2012 A4

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